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Malawi holds regular elections and has undergone multiple transfers of power between political parties, though the changes were frequently a result of rifts among ruling elites rather than competition between distinct parties. Political rights and civil liberties are for the most part respected by the state. However, corruption is endemic, police brutality and arbitrary arrests are common, and discrimination and violence toward women, minority groups, and people with albinism remain problems.

Key Developments in 2016:

President Peter Mutharika remained abroad for a month with little explanation after attending the UN General Assembly in September, sparking speculation that he was ill or even dead. Upon his return, he criticized the media and opposition parties for spreading rumors.

Three opposition lawmakers were charged with treason in February for their communications on social media. They remained free on bail.

In November, the national ombudsman implicated senior officials in a corrupt scheme involving tractors intended for small-scale farmers.

Executive Summary:

The opposition Malawi Congress Party (MCP) won three out of five parliament seats at stake in November 2016 by-elections, with the ruling Democratic Progressive Party (DPP) securing the other two. The Malawi Electoral Commission (MEC) had attempted to improve its performance ahead of the voting, relieving several officials of their duties in August in response to an audit that found alleged malfeasance, and implementing procedural reforms in October. Nevertheless, opposition candidates accused the DPP of disrupting their rallies, offering food gifts to voters, and using state funds for campaigning. An assistant to the vice president was accused of impersonating an MEC official during one of the by-elections.

Authorities took several actions that infringed on freedom of expression during the year. In December, the Malawi Communications Regulatory Authority (MCRA) fined a private radio station for what it deemed to be unbalanced media coverage, following an August interview the station conducted with an opposition legislator who was critical of the government. A man was arrested in February for throwing stones at a picture of Mutharika, and a student was arrested in March for insulting the president while travelling on public transportation. Three opposition lawmakers were arrested on treason charges in February for statements they made in a discussion group on the social media platform WhatsApp; they remained free on bail at year’s end.

In a positive step, however, the parliament in December passed an access to information bill that received praise from media freedom advocates. The president was expected to sign the measure in early 2017.

The prosecution of the main suspects in the 2013 “Cashgate” corruption scandal continued to drag on in 2016. Meanwhile, in November, the national ombudsman published a report exposing another corruption scandal, known as “Tractorgate,” in which the government sold off tractors that were meant to be distributed to farmers. High-level officials were identified as beneficiaries, including the parliament speaker, the foreign minister, and the president’s chief of staff. The ombudsman reportedly received death threats during the investigation. In late December, the attorney general obtained a court order that effectively blocked implementation of the ombudsman’s recommendations, temporarily shielding the officials implicated in the scandal.

Security forces repeatedly arrested protesters during the year. In March, more than a dozen youths were detained for an antigovernment demonstration in which they draped a coffin in the colors of the DPP. More than 30 students were arrested during student protests against tuition fee hikes in July and August; the protests eventually compelled the government to scale down the fee increases. In October, three activists were arrested for staging a protest over electricity blackouts. Separately, strikes remained common among public-sector workers, who often experience delays in their already low pay.

The killing and mutilation of people with albinism and a ritual cleansing practice that involves men being paid to have sex with young girls—both longtime problems rooted in cultural beliefs—came to the fore in 2016. President Mutharika called for additional efforts to address both issues. A law passed in July increased the penalties for albinism-related crimes. Child marriage also remained a problem despite a 2015 law setting the minimum age at 18, with experts noting that the legislation appeared to conflict with the constitution and customary law. About half of Malawian girls marry before the age of 18.

Political Rights

A1. Is the head of government or other chief national authority elected through free and fair elections?A2. Are the national legislative representatives elected through free and fair elections?A3. Are the electoral laws and framework fair?

B1. Do the people have the right to organize in different political parties or other competitive political groupings of their choice, and is the system open to the rise and fall of these competing parties or groupings?B2. Is there a significant opposition vote and a realistic opportunity for the opposition to increase its support or gain power through elections?B3. Are the people’s political choices free from domination by the military, foreign powers, totalitarian parties, religious hierarchies, economic oligarchies, or any other powerful group?B4. Do cultural, ethnic, religious, or other minority groups have full political rights and electoral opportunities?

C1. Do the freely elected head of government and national legislative representatives determine the policies of the government?C2. Is the government free from pervasive corruption?C3. Is the government accountable to the electorate between elections, and does it operate with openness and transparency?

Civil Liberties

D1. Are there free and independent media and other forms of cultural expression?D2. Are religious institutions and communities free to practice their faith and express themselves in public and private?D3. Is there academic freedom, and is the educational system free of extensive political indoctrination?D4. Is there open and free private discussion?

E1. Is there freedom of assembly, demonstration, and open public discussion?E2. Is there freedom for nongovernmental organizations?E3. Are there free trade unions and peasant organizations or equivalents, and is there effective collective bargaining? Are there free professional and other private organizations?

F1. Is there an independent judiciary?F2. Does the rule of law prevail in civil and criminal matters? Are police under direct civilian control?F3. Is there protection from political terror, unjustified imprisonment, exile, or torture, whether by groups that support or oppose the system? Is there freedom from war and insurgencies?F4. Do laws, policies, and practices guarantee equal treatment of various segments of the population?

G1. Do individuals enjoy freedom of travel or choice of residence, employment, or institution of higher education?G2. Do individuals have the right to own property and establish private businesses? Is private business activity unduly influenced by government officials, the security forces, political parties/organizations, or organized crime?G3. Are there personal social freedoms, including gender equality, choice of marriage partners, and size of family?G4. Is there equality of opportunity and the absence of economic exploitation?